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Preparatory steps to ensure successful roll out of GST- CBEC Chairman

June 12, 2017 1875 Views 0 comment Print

The countdown to GST has begun. The statutory provisions are in place. As of today, 25 States have passed the SGST Acts, and others will follow soon. This puts us on track for the roll out of the new regime on 1st July, 2017

IBBI (Inspection and Investigation) Regulations, 2017

June 12, 2017 2832 Views 0 comment Print

(1) These regulations may be called the Insolvency and Bankruptcy Board of India (Inspection and Investigation) Regulations, 2017. (2) These regulations shall come into force on the date of their publication in the Official Gazette.

Remission under Deferral Sales Tax Scheme is Capital Receipt & not taxable

June 11, 2017 4929 Views 0 comment Print

This amount represents difference between the amount payable as shown in the books of account under the sales tax deferral scheme of Government of Maharashtra, availed by the company and that paid under the Pre- payment scheme on the basis of Net Present value of the amount due, as pe

Section 54 exemption cant be denied for delayed cheque deposit by builder

June 11, 2017 1494 Views 0 comment Print

In a significant ruling, the Mumbai bench of the Income Tax Appellate Tribunal recently held that if a cheque is encashed by the builder after the deadline for filing income-tax return, it will not debar the taxpayer from claiming I-T exemption under section 54 of the Income Tax Act, which is available on reinvestment of long term capital gains in residential property.

Duly executed Transaction in shares cannot be treated as Bogus

June 11, 2017 1818 Views 0 comment Print

When the shares were found to be credited and debited in the DEMAT account and sale of shares were found to be genuine, then what is the basis to contend that purchases of the said shares were not made by the appellant.

HC allows payment by Dharma Productions to SRK owned Company

June 11, 2017 1590 Views 0 comment Print

It was observed that the assessee company is owned by Mr. Karan Johar and RCEPL is owned by Mr.Shahrukh Khan. Both are known personalities of Indian film industry. The authorities have not disputed the fact of providing services by Mr.Shahrukh Khan in the production and marketing of the film `Kaal’. The film was released under […]

Official Liquidator can file claim within a period of 4 years from winding up order date

June 10, 2017 5514 Views 0 comment Print

Official Liquidator (OL) could file claim within a period of four years from the date of winding up order, by taking the benefit of one year period immediately following the date of the winding up order, as provided under section 458A of the Act and the three years period provided under Article 137 of the Limitation Act.

No exemption U/s. 11 on acquisition of assets from borrowed funds

June 9, 2017 10758 Views 0 comment Print

In M/s. Peoples Education Society Vs. DCIT(E), the ITAT, Bengaluru held that the assessee- society is not entitled to exemption in respect of investment in fixed asset using loan amount under section 11 of the Income Tax Act.

Assessment U/s. 153A- In absence of Incriminating material no addition can be made in respect of concluded assessments

June 9, 2017 2649 Views 0 comment Print

Books of account and financials being already part of regular return filed by assessee, same could not be considered as incriminating material found during search and, therefore, AO could not make addition on the basis thereof in respect of already concluded assessments.

Income from Assignment of patent for exploiting it commercially is Capital Gain

June 9, 2017 978 Views 0 comment Print

Section 55(2)(a) talks of right to manufacture, produce or process any article or thing. Therefore, as per the amended provisions, the right to manufacture/produce/process would be taxable under the head capital gains and cost has to be taken at Rs. Nil.

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